Happytex Pty Ltd v Knox CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

26/06/2017

LITIGATION TYPE

Project Approval - Adaptation, Project Approval - Mitigation

SUBJECT MATTER

Urban Planning, Urban Planning

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Knox Planning Scheme; Application under s.79 of the Planning and Environment Act 1987 against failure to grant a permit; GRZ2; Proposal for 38 two-storey dwellings and easement variation; Dwelling typology; Neighbourhood character; Landscaping; Site responsive design; Internal amenity.

See [63]: I also agree with the sentiments expressed by Council’s landscape officer that the creation of larger spaces for landscaping within driveway areas would assist in reducing the heat island effect. For a site of this size and at a time where planning policy recognises the need to adapt to climate change and the creation of more sustainable and liveable environments, this consideration should not be lightly disregarded. Statewide policy at clause 15.06-6, for example, supports a cooler Melbourne by greening urban areas, buildings and the like.

CASE DOCUMENTS

Happytex Pty Ltd v Knox CC (Corrected) [2017] VCAT 1214